Marshall County Transfer on Death Deed Form (South Dakota)
All Marshall County specific forms and documents listed below are included in your immediate download package:
Transfer on Death Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Marshall County compliant document last validated/updated 10/8/2024
Transfer on Death Deed Guide
Line by line guide explaining every blank on the form.
Included Marshall County compliant document last validated/updated 11/26/2024
Completed Example of the Transfer on Death Deed Document
Example of a properly completed form for reference.
Included Marshall County compliant document last validated/updated 9/23/2024
The following South Dakota and Marshall County supplemental forms are included as a courtesy with your order:
When using these Transfer on Death Deed forms, the subject real estate must be physically located in Marshall County. The executed documents should then be recorded in the following office:
Marshall County Register of Deeds
911 Vander Horck St / PO Box 130, Britton, South Dakota 57430
Hours: 8:30 to 4:30 M-F
Phone: (605) 448-2352
Local jurisdictions located in Marshall County include:
- Amherst
- Britton
- Eden
- Lake City
- Langford
- Veblen
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Marshall County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Marshall County using our eRecording service.
Are these forms guaranteed to be recordable in Marshall County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Marshall County including margin requirements, content requirements, font and font size requirements.
Can the Transfer on Death Deed forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Marshall County that you need to transfer you would only need to order our forms once for all of your properties in Marshall County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by South Dakota or Marshall County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Marshall County Transfer on Death Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
As of July 1, 2014, owners of real estate in South Dakota have access to a new estate planning tool: the transfer on death deed (TODD). Find the full text of the South Dakota Real Property Transfer on Death Act at 29A-6-401 of the South Dakota Codified Laws.
The statute is based on the Uniform Real Property Transfer on Death Act (URPTODA). In addition to South Dakota, a growing number of states are choosing to adopt the provisions of the URPTODA. The new law allows landowners to direct the distribution of what is often their most significant asset, their real estate, with a correctly executed and recorded transfer on death deed.
Standard conveyances such as warranty or quitclaim deeds, when executed, define permanent transfers of ownership. Deeds under URPTODA, however, are revocable (29A-6-405). Transferors under this law may sell, mortgage, rent, or otherwise use the property in any way they wish; TODDs only contain a potential future interest (29A-6-414(1)). They provide owners with the flexibility to accommodate changing circumstances by modifying or even cancelling the recorded transfer. This is possible because TODD beneficiaries have absolutely no rights to or interest in the property while the owner is alive (29A-6-414(5)). In addition, the beneficiary pays nothing to the owner for the potential future interest, and the owner is not obligated to inform the beneficiary about the transfer (29A-6-409).
Transfer on death deeds are nontestamentary, which means title to the property passes to the beneficiary without instructions in a will or the need for probate distribution (29A-6-406). Unnecessary conflicts are likely to add confusion and expense to what is often a difficult time, so landowners should take care to ensure that their wills and TODDs lead to the same outcomes.
South Dakota's version of the URPTODA sets out the specific requirements for lawful transfer on death deeds at 29A-6-408. TODDs must:
- contain the essential elements and formalities of a properly recordable "traditional" deed as required by the standards of title;
- state that the transfer to the designated beneficiary is to occur at the transferor's death; and
- be recorded before the transferor's death in the public records in the office of the register of deeds in the county where the property is located.
In general, the beneficiary must be alive at the time of the transferor's death or the interest returns to the estate (29A-6-415(2)). To prevent this from happening, the owner may identify one or more contingent beneficiaries. Beneficiaries take title subject to any obligations (contracts, easements, etc.) associated with the property when the transferor dies (29A-6-416).
With the new transfer on death deeds, real property owners in South Dakota have gained a convenient, flexible option for managing one aspect of a comprehensive estate plan. Even so, a TODD may not be appropriate for everyone. Since each situation is unique, contact an attorney with specific questions or for complex circumstances.
(South Dakota TODD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Marshall County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Marshall County Transfer on Death Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
4.8 out of 5 - ( 4436 Reviews )
Michael S.
November 27th, 2024
Recording a Warranty Deed with Mohave County AZ was easy and efficient by using Deeds.com. I will be using their service for all of my e-filing going forward. Thank you Deeds.com!!!!
We are delighted to have been of service. Thank you for the positive review!
Zennell W.
November 24th, 2024
Quick fast and easy transaction.
We are grateful for your feedback and looking forward to serving you again. Thank you!
James S.
November 21st, 2024
Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.
Thanks for the kind words James, glad we could help. Look forward to seeing you again.
Walter C.
March 23rd, 2023
Awesome everything you would ever need
Thank you!
A. S.
February 27th, 2019
First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!
Nicole T.
February 9th, 2021
Absolutely Amazing Service! I learned about Deeds.com, created my Account, uploaded my documents into my Recording Package, paid my Invoice and received my Three Recorded Deeds all in less than two hours! Awesome!
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June 30th, 2020
This is what we need and it was very helpful and easy to fill out.
Thanks
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February 6th, 2021
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Alison L.
February 16th, 2021
Wonderful and easy to use platform. I was using a more complicated platform that wouldn't load half the time. Makes for filing deeds in the pandemic quick and easy.
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February 28th, 2024
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December 17th, 2020
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Carlos T.
September 15th, 2021
Site was easy to use and forms were exactly what I needed. Will use this in the future for other needed forms. A+
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crystal l.
January 16th, 2019
Another legal professional directed me to this site. The best advice I've received from the legal profession! Forms were instantly available, easily printed & exactly what I needed at a cost that was more than affordable!! I will definitely be back again!!
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Jeffey V.
April 4th, 2019
Easiest way I've found to get Warranty Deeds in different parts of the country. Highly recommend.
Thank you Jeffey.
Michael D.
February 13th, 2022
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